Maurice v. Graham
New York Court of Chancery
This suit was brought to foreclose a mortgage given by the defendant F. P. Graham, to the complainant, upon the house and lot No. 371, Broadway, in the city of New-York. And this was an application on the part of the complainant to compel J. Titus Johnson, the purchaser of the premises at the master’s sale, to complete his purchase.
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This suit was brought to foreclose a mortgage given by the defendant F. P. Graham, to the complainant, upon the house and lot No. 371, Broadway, in the city of New-York. And this was an application on the part of the complainant to compel J. Titus Johnson, the purchaser of the premises at the master’s sale, to complete his purchase. The premises were sold for a perfect title ; subject, however, to a lease thereof for a term of years, at an annual rent of $400. Upon investigating the title the purchaser insisted, that under the will of W. Turpin, the former owner of the premises, the mortgagor…
1Opinion of the Court
The Chancellor.
The question which arises upon this application is, what interest or title passed to the devisees of W. Turpin, under his will; and whether the purchaser at the master’s sale will, under the master’s deed, obtain an absolute and indefeasible title to the premises, subject only to the incumbrance and conditions of the lease executed by Turpin before his death. The will is very inartificially drawn, and it is difficult, therefore, to say precisely what the testator intended by some of its provisions ; though I think his general intention is very obvious, unless there is something…
2Cited by5 opinions
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- Rowland v. WarrenOregon Supreme Court · 1882
- Post v. HoverNew York Supreme Court · 1859
- In re TilfordNew York Surrogate's Court · 1887
- In re the Judicial Settlement of the Account of CollinsNew York Supreme Court · 1893